General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 70 contracts
Samples: Custody Agreement (American Growth Fund Inc), Custody Agreement (Aim Investment Funds (Invesco Investment Funds)), Custody Agreement (World Funds Trust)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the gross negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 18 contracts
Samples: Custody Agreement (Security Income Fund /Ks/), Custody Agreement (Security Income Fund /Ks/), Custody Agreement (Frontegra Funds Inc)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence negligence, bad faith, reckless disregard or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 10 contracts
Samples: Custody Agreement (Hatteras Global Private Equity Partners Master Fund, LLC), Custody Agreement (Acp Funds Trust), Custody Agreement (Hatteras Global Private Equity Partners, LLC)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such the Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 7 contracts
Samples: Custody Agreement (Oppenheimer SteelPath Master MLP Fund, LLC), Custody Agreement (Investors Research Fund Inc), Custody Agreement (Buffalo Small Cap Fund Inc)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such the Fund resulting from the negligence or willful misfeasance misconduct of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect indirect, consequential or consequential punitive damages arising under or in connection with this Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Generation Hedge Strategies Fund LLC), Custody Agreement (Mount Yale Opportunity Fund, LLC), Custody Agreement (Blue Rock Registered Fund LLC)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such the Fund resulting from the gross negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Dem Inc), Custody Agreement (Chapman Funds Inc), Administration and Agency Agreement (Elite Group of Mutual Funds)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such the Fund resulting from the negligence negligence, bad faith or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (TFS Capital Investment Trust), Custody Agreement (TFS Capital Investment Trust)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such the Fund resulting from the negligence negligence, bad faith or willful misfeasance of the Custodian, or the Custodian’s reckless disregard of its duties under this Agreement; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Partners Group Private Equity (Institutional TEI), LLC), Custody Agreement (Partners Group Private Equity (TEI), LLC)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund a Portfolio resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Electric City Funds Inc), Custody Agreement (Fairholme Funds Inc)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreementany Domestic Subcustodian.
Appears in 2 contracts
Samples: Custody Agreement (Ameriprime Funds), Custody Agreement (Ameriprime Funds)
General Standard of Care. The Custodian shall be liable to a the Fund for all losses, damages and reasonable costs and expenses (including reasonable attorneys' fees) suffered or incurred by such the Fund resulting from the gross negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence negligence, bad faith or willful misfeasance of the Custodian, or the Custodian’s reckless disregard of its duties under this Agreement; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Partners Group Private Equity (Master Fund), LLC)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; or its officers, employees or agents; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Profunds)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses (including attorneys' fees) suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
General Standard of Care. The Custodian shall be liable to the Trust on behalf of a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Investment Managers Series Trust)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the CustodianCustodian or from the failure of the Custodian to perform its obligations pursuant to this Agreement; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
Samples: Custody Agreement (Oberweis Fund)
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses (including reasonable attorneys' fees) suffered or incurred by such Fund resulting from the negligence or willful misfeasance of the Custodian; , provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract
General Standard of Care. The Custodian shall be liable to a Fund for all losses, damages and reasonable costs and expenses suffered or incurred by such Fund resulting from the negligence negligence, bad faith or willful misfeasance of the Custodian; provided, however, in no event shall the Custodian be liable for special, indirect or consequential damages arising under or in connection with this Agreement.
Appears in 1 contract